Woods trial on double murder set for next April

Published: Thursday, July 10, 2014 at 2:12 p.m.

Last Modified: Thursday, July 10, 2014 at 4:45 p.m.

Citing several unresolved issues, attorneys for murder defendant Michael Woods told a judge on Thursday they would not be ready to proceed to trial until next year, despite a push from the state to try the case this October.

In the end, Circuit Judge Jonathan Ohlman set a tentative trial date of April 13, 2015.

The judge reserved four weeks for the trial, which could stretch into a second penalty phase where a jury would recommend a life or death sentence for Woods. The second phase would only come into fruition if a jury found Woods guilty of murder.

Woods, 31, is charged with two counts of first-degree murder for the 2010 deaths of Marshall Pardee, 23, and his girlfriend, Chyavana Hampton, 20.

In February, Woods was found guilty of murder for fatally shooting Toni Centracco, 20, outside a Ocala residence in 2007. Pardee and Centracco were dating at the time of her murder.

If the second murder case proceeds to the penalty phase, the state would be able to use the Centracco murder conviction in support of a death sentence.

“That case has now become an aggravator in our case,” said defense attorney Tania Alavi while explaining why the defense needs more time.

According to Alavi, the state's combined evidence in both murder cases, which is known as discovery, consists of about 20,000 pages. The defense also stated that some depositions still need to be taken and that there are still unresolved issues over other evidence in the case, including DNA.

“This is a complicated case that involves a number of issues,” said defense attorney Terence Lenamon of Miami, who appeared in court via phone.

Lenamon said a gun found in a lake behind Woods' grandfather's house has been linked to the murder.

“We want to test that evidence independently,” Lenamon said.

Assistant State Attorney Amy Berndt, who is prosecuting the case with Robin Arnold, told the judge that the victims' families have been waiting for the case to conclude for years. Berndt also said the previous judge on the case, Brian Lambert, had already denied all death penalty motions in the case and noted in an order that the case did not need to be continued again.

In May, Lambert was appointed to the 5th District Court of Appeal in Daytona Beach. Ohlman has since taken over Lambert's felony docket.

In support of more time, Alavi referenced other murder cases she is trying from now through the fall. She also made the court aware of an unusually lengthy July 5 opinion out of Martin County where a judge issued a 73-page decision finding defense counsel to be ineffective. She said she spent seven hours yesterday reading through the order and said several points made by the judge surprised her.

She also referenced the Timely Justice Act, signed into law by Gov. Rick Scott in June 2013, which is designed to decrease the time period an inmate remains on death row before execution.

“It's extremely crucial that we should always get it right on the front end, but if ever there's a time to do so it's now because of the passage of that act,” Alavi told the judge.

<p>Citing several unresolved issues, attorneys for murder defendant Michael Woods told a judge on Thursday they would not be ready to proceed to trial until next year, despite a push from the state to try the case this October.</p><p>In the end, Circuit Judge Jonathan Ohlman set a tentative trial date of April 13, 2015.</p><p>The judge reserved four weeks for the trial, which could stretch into a second penalty phase where a jury would recommend a life or death sentence for Woods. The second phase would only come into fruition if a jury found Woods guilty of murder.</p><p>Woods, 31, is charged with two counts of first-degree murder for the 2010 deaths of Marshall Pardee, 23, and his girlfriend, Chyavana Hampton, 20.</p><p>In February, Woods was found guilty of murder for fatally shooting Toni Centracco, 20, outside a Ocala residence in 2007. Pardee and Centracco were dating at the time of her murder.</p><p>If the second murder case proceeds to the penalty phase, the state would be able to use the Centracco murder conviction in support of a death sentence.</p><p>“That case has now become an aggravator in our case,” said defense attorney Tania Alavi while explaining why the defense needs more time.</p><p>According to Alavi, the state's combined evidence in both murder cases, which is known as discovery, consists of about 20,000 pages. The defense also stated that some depositions still need to be taken and that there are still unresolved issues over other evidence in the case, including DNA.</p><p>“This is a complicated case that involves a number of issues,” said defense attorney Terence Lenamon of Miami, who appeared in court via phone.</p><p>Lenamon said a gun found in a lake behind Woods' grandfather's house has been linked to the murder.</p><p>“We want to test that evidence independently,” Lenamon said.</p><p>Assistant State Attorney Amy Berndt, who is prosecuting the case with Robin Arnold, told the judge that the victims' families have been waiting for the case to conclude for years. Berndt also said the previous judge on the case, Brian Lambert, had already denied all death penalty motions in the case and noted in an order that the case did not need to be continued again.</p><p>In May, Lambert was appointed to the 5th District Court of Appeal in Daytona Beach. Ohlman has since taken over Lambert's felony docket.</p><p>In support of more time, Alavi referenced other murder cases she is trying from now through the fall. She also made the court aware of an unusually lengthy July 5 opinion out of Martin County where a judge issued a 73-page decision finding defense counsel to be ineffective. She said she spent seven hours yesterday reading through the order and said several points made by the judge surprised her.</p><p>She also referenced the Timely Justice Act, signed into law by Gov. Rick Scott in June 2013, which is designed to decrease the time period an inmate remains on death row before execution.</p><p>“It's extremely crucial that we should always get it right on the front end, but if ever there's a time to do so it's now because of the passage of that act,” Alavi told the judge.</p><p>The case is currently set for another hearing at 3 p.m. Nov. 17.</p><p><i>Contact April Warren at 867-4065 or april.warren@ocala.com.</i></p>